IN THE CASE OF:
BOARD DATE: 7 April 2015
DOCKET NUMBER: AR20140014431
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests item 7b (Home of Record (HOR) at Time of Entry) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 10 July 1995 be changed to San Antonio, TX.
2. The applicant states he was living in Texas just prior to enlistment in the military. He used his parents' home of record in Iowa for his home of record. He has lived in Texas since 1993. He would like to use the Hazelwood Exemption.
3. The applicant provides:
* a printout of Public Records Report from "Peoplefinders" website
* his biographic from the USAA website
* his legal experience from Hughes Vanderburg Williams & Bartoletti website
* a description of the Hazelwood Exemption from a Veteran Services Office website
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. A DD Form 1966 (Record of Military Processing - Armed Forces of the United States) that he signed on 4 January 1993 shows in item 4 (Current Address) an address in Guttenberg, IA from August 1992 to the present. Item 5 (HOR Address) shows the same address in Guttenberg, IA.
3. On 7 January 1993, he enlisted in the Army Reserve Delayed Entry/Enlistment Program (DEP). Item 3 (HOR) of his DD Form 4 (Enlistment/
Reenlistment Document) shows the same address in Guttenberg, IA that he designated in item 5 of his DD Form 1966 as his HOR. Item 4 (Place of Enlistment/Reenlistment) indicates Des Moines Military Entrance Processing Station (MEPS), IA as his place of enlistment.
4. On 28 May 1993, he enlisted in the Regular Army. Page 3 of his DD Form 4 shows he enlisted in Des Moines, IA.
5. On 10 July 1995, he was released from active duty. Item 7b of his
DD Form 214 shows the same address in Guttenberg, IA that he designated as his HOR on his DD Form 1966. Item 19a (Mailing Address after Separation) shows an address in Guttenberg, IA.
6. Table 11-1 of Army Regulation 601-280 states the HOR is the place recorded as the home of the individual when commissioned, appointed, enlisted, inducted, or ordered into the relevant tour of active duty. The place recorded as the HOR of the individual when reinstated, reappointed, or reenlisted remains the same as that recorded when commissioned, appointed, enlisted, or inducted or ordered into the relevant tour of active duty unless there is a break in service of more than 1 full day. Only if a break in service exceeds 1 full day can the HOR be changed by the member.
7. The Joint Federal Travel Regulation provides, in pertinent part, that the HOR is the place recorded as the home of the individual at the time of enlistment or induction. There is no authority to change the HOR as officially recorded at time of entry into the military service. However, there is authority to correct a HOR if erroneously entered on the records at that time, and then only for travel and transportation purposes. Correction of the HOR must be based on evidence that a bona fide error was made and the HOR as corrected must have been the actual home of the individual at the time of entry into the relevant period of service.
DISCUSSION AND CONCLUSIONS:
The HOR address upon enlistment is designated by the applicant. He clearly designated the address in Guttenberg, IA. There was no break in service of at least 1 day. Therefore, his HOR remains Guttenberg, IA and there is no basis on which to grant him relief in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ____x___ ____x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _x______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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